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Board debates language allowing developer encroachments in 75-foot drainage easement; members call for engineering plans before work
Summary
Pulaski County commissioners and legal counsel debated whether a developer's agreement allows permanent infrastructure within the county's 75-foot drainage maintenance easement, with counsel calling the contract language ambiguous and board members demanding engineering plans before work.
Pulaski County officials spent an extended portion of their meeting discussing whether a development agreement allows a private developer to place infrastructure within the county's 75-foot drainage maintenance easement.
County legal counsel and commissioners disagreed about the contract's language and scope. The board heard that the agreement contains provisions authorizing the developer to install infrastructure that could "intersect over and upon" drains and to "encroach within the county's 75 foot drainage rights of way as established under statute." The county attorney said that the written language can be read in more than one way and is therefore ambiguous.
Commissioners, including one who identified herself as Jenny, urged caution and…
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